Fremont man charged with raping incapacitated woman in back seat of his car

FREMONT – A 30-year-old man has been charged with raping an 18-year-old woman in the back seat of his car last month after allegedly slipping her alcoholic drinks, incapacitating her, according to police and court records.

The suspect, Morgan Foster of Fremont, was charged Tuesday with rape of a person under the influence of alcohol or drugs and rape of an unconscious person. Both charges carry an aggravated offense because the crimes were committed against a defenseless victim, court records show.

Foster pleaded not guilty on Wednesday and is free on bail. The amount of bail was not immediately determined.

According to court and police records, the alleged rapes occurred between the night of June 28 and the morning of June 29.

According to the documents, Foster and the woman had known each other for about a month and decided to go out together.

On the night of June 28, Foster picked up the woman at her home and drove her to his home on Merrill Avenue, where they “drank several shots of tequila” before driving to San Jose, records say. According to records, they visited two bars in San Jose, where Foster offered the woman several alcoholic drinks, police said. Foster then drove the woman back to his home.

Video footage from the living area showed the woman nearly falling over as she tried to get out of Foster’s vehicle in front of his home. The video shows Foster putting the woman in the back seat of his car, straddling her and “having sex with her while she appears to be incapacitated,” the footage states.

According to court documents, the video shows Foster getting out of the vehicle “with his pants down” and the woman slumped against the seat.

Foster eventually managed to get the woman into his home, although according to records she was “unable to walk or hold herself upright” and “her head fell back on her neck at times as if she were unconscious.”

The woman later told police she could not remember what happened after leaving San Jose and thought she had been raped, the records say. She said she woke up in Foster’s bed in a change of clothes that morning, the records say.

Police were notified later that day, June 29. Detectives from the Crimes Against the Person Unit took statements from those involved and witnesses before finding video evidence of the assault.

Foster was arrested at his home on June 30.

According to the records, Foster admitted to police that he had sexual intercourse with the woman, but claimed “she was not unconscious and participated voluntarily in the act.”

Investigators are looking for other possible victims who may have had contact with Foster.

The investigation is ongoing. Anyone with further information is asked to contact Ryan Blanchet, lead investigator of the Crimes Against the Persons Unit, at 510-790-6961.